Prop. 8 upheld by California Supreme Court
The justices uphold the same-sex marriage ban but also rule that the 18,000 gay couples who wed before the November vote will stay married. The decision is sure to spark another ballot box fight.
Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.
In an opinion written by Chief Justice Ronald M. George, the state high court ruled today that the November initiative was not an illegal constitutional revision, as gay rights lawyers contended, nor unconstitutional because it took away an inalienable right, as Atty. Gen. Jerry Brown argued.
Gabriel Malor at Ace’s has a download of the 180-page decision.